HomeMy Public PortalAbout09) 8A Appeal of Parks and Recreation Commissions Decision - removal of a Holly Oak Tree 10312 Daines DriveDATE:
TO :
FROM:
AGENDA
PARKS AND RECREATION DEPARTMENT-ITEM 8.A.
MEMORANDUM
January 17, 2017
The Hon o rab le City Cou ncil
Bryan Cook, City Manager
By : Cathy Burroughs , Director of Parks and Recreation
Steve Lawson , Parks & Recreation Manager
SUBJECT: APPEAL OF PARKS AND RECREATION COMMISSION 'S DECISION TO
REMOVE A HOLLY OAK TREE LOCATED IN THE PUBLIC RIGHT OF
WAY AT 10312 DAINES DRIVE
RECOMMENDATION:
The City Counci l is requ ested to :
1. Conduct a Public Hearing ;
2 . Consider the tree removal appeals regarding the Holly Oak tree located in the
public right of way at 1 0312 Daines Drive ; and
3 . Uph o ld the Parks and Recreation Commissio n's decision to remo ve the tree .
BACKGROUND:
1. On December 3, 2013 , the City Council adopted Ord inance No . 13-983 repealing
the existi ng Roadside Trees Ordinance and replacing it with a Tree Preservation
and Protecti on Ordinance . Ordinance No . 13-983 reflected curre nt best practices
relative to public trees and estab lish es policies , procedures , and expectat ions for
City-owned trees located in public right of ways .
2 . On January 3, 2014 , Temple City's Tree Preservation and Protection Ordinance
became effective providing an appeal process for staff's determination to plant or
remove City-owned trees.
3. On August 16 , 2016 , the Parks & Recreation Department (Department) rece ived a
Tree Service Request from the resident at 1 0312 Daines Drive to trim or remove
the city-owned Holly Oak tree in their front ya rd . As a result , Rob Cruse , City
Arborist , inspected the tree at 10 312 Daines Driv e and determ in ed it should be
trimmed .
City Council
January 17, 2017
Page 2 of 3
4 . On September 14, 2016 , Mr. Cruse visited 10312 Daines Drive as West Coast
Arborists (WCA) was scheduled to trim the tree that day. Upon doing so , the
resident approached Mr. Cruse and requested the tree be removed as it was
causing damage to the adjacent sidewalk and was a significant tripp ing hazard .
Mr. Cruse assessed the situation and agreed with the resident that removing the
tree was the best option .
5. On September 27, 2016 , the property owner at 10312 Daines Drive was formally
notified via mail of the City 's intent to remove the Holly Oak tree pu rsuant to §3-
4D-9 :A.7 of the Temple City Municipal Code .
6 . On November 1, 2016 , the Department received several Notice of Appeals
appealing the removal of the Holly Oak tree located at 10312 Daines Drive .
7 . On November 3 , 2016 , the Department received an additional Notice of Appeal
regarding the removal of the Holly Oak tree located at 1 0312 Daines Drive .
8 . On November 3, 2016 , the property owner at 10312 Daines Drive and the five (5)
individuals who submitted appeals were notified via mail that removal of the Holly
Oak tree had been appealed and that the Parks and Recreation Commission
would consider the appeal at their regular meeting on November 16 , 2016 .
9 . On November 16 , 2016 , the Parks and Recreation Commission conside red the
appeal and upheld staff's determination to remove the Holly Oak tree.
10. On November 23 , 2016 , the Department received Notice of Appeals appealing the
Parks and Recreation Commission 's decision to remove the tree to the City
Council (Attachment "A ").
11 . On December 29 , 2016 , the property owner and appellants were notified via mail
that the City Council would be considering the appeal at their regular meeting on
January 17 , 2017 .
ANALYSIS:
Each year the City develops a tree removal list. The list includes trees that City staff, in
particular the City's Arborist Rob Cruse , has inspected and determined meet the criteria
for removal as outlined in §3 -4D-9 of the Temple City Municipal Code (TCMC)
(Attachment "B").
At the request of the property owner, Mr. Cruse inspected a Holly Oak tree located at
1 0312 Daines Drive to determine whether to trim or remove it. The tree is
approximately 30-45 feet in height and is listed in our tree database to be in "good "
condition by WCA. After confirming the tree was in good condition , Mr. Cruse
scheduled it to be trimmed . Prior to trimm ing , the property owner modified his request
City Council
January 17, 2017
Page 3 of 3
to Mr. Cruse to include removal due to damage it was causing to the adjacent sidewalk.
Mr. Gruse assessed the tree once again and determined it was causing damage to the
sidewalk and presented a significant tripping hazard . As such , Mr. Cruse added the
tree to the City's Tree Removal List and recommended one new tree be planted in the
public right of way after removal. Attached are photos of the Holly Oak tree and the
adjacent areas (Attachment "C").
This proposed tree removal fal ls under §3-4D-9 :A of the TCMC , which identifies criteria
for removal. Subsection 7 states : Causing excessive damage to curbs, gutters,
sidewalks, or driveways. Th e tree was assessed by the City Arborist and found to be
causing excessive damage to the adjacent sidewalk and posing a significant tripping
hazard . Although the lift to the sidewalk has been corrected with a temporary asphalt
patch , the sidewalk rema i ns a tripping ha zard and the tree will likely continue to raise
the sidewalk unless removed .
At the Parks and Recreation Commission meeting on Novemb er 16 , 20 16 , Mr. Enkelaar
argued that the TCMC states that it is the policy of the City to protect and preserve all
desirable trees that are located on the City's right of way. In his appeal , Mr . Enkelaar
further cites §3-4D-9A which states , in part , "the City values trees as an important part
of the environment and shall strive to preserve them whenever possible and feasible."
While both of these statements hold true , the TCMC also identifies situations and
cri teria that allow for the removal of City trees . The Commission , after hearing
testimony from both parties , denied the appeal upholding staff's decision to remove the
tree . Attached are the minutes from th e November 16 , 2016 Commission meeting
(Atta chm ent "D").
CITY STRATEGIC GOALS:
Upholding th e Parks and Recreation Commission 's decision to remove the Holly Oak
tree located at 10312 Daines Drive will promote or furth er th e City 's Strategic Goals of
Public Health and Safety and Quality of Life .
FISCAL IMPACT :
This item does not have an impact on th e Fiscal Year (FY) 2016-17 City Budget.
ATTACHMENTS:
A. Notice of Appeals -Tree Removal
B. Temple City Municipal Code §3-4D -9 : Removal of Public Trees
C. Photographs of Holly Oak Tree at 1 0312 Daines Driv e
D. Minutes of the Parks and Recreation Commission 's Regular Meeting of November
16 ,2016
ATTACHMENT A
Cil y of l ernpl e City De p ;"t rtmen t o f Parks and Recreation
101<1<1 Bogue Street, I elllpl e City Cl\ 91780 (626) 285-7.171
For office use on ly
f-i l e Number ------------------ri l ed:~
Project Lo c <~lion -\.-0-Q \ J..... be-.., 'Da) \:;)C2...... By : _ _;cy.I7(,L--
. -.... ·············· ····-·· ··-··-·-·······-·· -··-·--·····-·-··. ------------
Pl ea se TYPE o r PRINT all info r ma t io n cl e arl y
APPEL LAN I NAME: M pk_ (._vtA~ )d.a~.-v
APPELLAN I ADDRESS: J3 CJ 'f' 5'<-( '2.. leA."'A(2l~ c._;+; Ca~... q ( :f ~'O
(AIIlorrespondence w i ll be mailed to thi s address)
Phone : Emai l :
-----------
TREE ( S) LOCAl I 0 N : __,_/...=.0::::...=3;_\.:__::.'2..,_--=.):>_6..._;'\,__V\.;_~-==-.-=J?'-v:-,'.l_! -.1.:._-<../~--------
Please st a te specific reason(s) fo1 the app ea l (use sepa rat e shee t if necessary)
H EASON FO H APpEAL: '"'' ~ (): { + ~ y I_;_Y'....:::e.~e..=:,__-_ _!_F--=-6 -=-0 ...::...£ __ S_<.........:,ip~.I=P~l y¥--l.±b.lL.V
/(J Cu_f w ;fJ//~ __, s;b wa./K c.~V) bA... n e p }ra_e-e.l ---~~~~~~~~~~L-~--~~,~~~~ __ ~Jo w V\110 v ~·~~e ______________ _
APPE LLAN f SIG NATURE : _\..,....· _>!-::""'. ___ ::::-::_-_--------------------
Print Narnc: 1/0-~i..V' [L-i.._v.-.k f Glo\.-r
By signing this Not ice of Appeal -Tree Removal Form, I hereby certi fy that I am a resident o r
property owner of the City of Temple City. I further certify that I have read Section 3459 of the
l CMC, includ ing the appeals proce ss.
Please return this form by email to: di ng r arn@ t cnw lelity.us., mni l to: Ci ty o f Temple City, 1\tt n:
Depa r tment of Parks and Recreation, 970 1 Las Tuna s Dr,.Temple Ci ty CA 91780 or in pe r son at
the Live Oak Park An nex, 10144 13oeue Street , Templ e City.
NOTE : The appellant h CJs t h e burden of p r oof. In order f or the appe ll an t to p revail, he/she
must show by cl ea r and convi ncing evid ence, tha t City st aff's d ecis ion to remove o r not r emove
a street tree 1s not authorized by applicable federal, state or local law, or is inconsistent with
the 1 emoval criteria per Section 3459 o f the (TCMC) Templ e Ci t y Municipal Code.
I
Cit y o f Temp le Ci ty -Depa rt ment of Parks and Recreat io n
10144 Bogue Street, Temple City CA 91780 (626) 285 -2171
For o ffi ce use only NO V .. ·1 7.fJI6
Fil e Nu mber ----------------Filed:.
_PAr-IKS & RECREATION
By : ...,t"-''=~~-====+-Project Loca t ion ---------------
Plea se TYP E or PRINT all information cl early
APPELLANTNAM E: .;reRI!.tNe' 51-/A;J)<!tj
APPELLANT ADDR Ess: f! D . 6~t S'-lr:? ·a:lrJfJ/ e.. Cry ; c Jt ~ 11 15' tJ
(All co rrespo nd ence w ill be mai led to t hi s add r es s)
Email :
TREE(s) Lo c ATION: & 3 J 3 E IJ c ;/u; V9 !lUI£ ·
.~ )> J o3;,2 ;])/7/;tJG::; _])~ i ;/£
Pl ease sta t e spe ci fic rea so n(s) (or th e appeal (u se se par at e sheet i f necessary)
REASON FOR APPEAL:
_dJ_&:r '1/?o y e d . :5)1~ h1. f?" o /t..l.. ;!t>t-t.. /
APPEL LANTSIGNATUREo ~ ~·----------
Pri nt Name: :::rcte~l/1)~ 3Jfi+·..Vk!5 ·-----------------
By signing this Notice o f Appeal - Tree Remova l Form, I hereby cert i fy that I am a resi den t or
property owner of the City o fTemple City. I further certi fy that I have read Section 3459 of the
TC MC, includ ing the appea ls process.
Please return t his fo rm by ema il t o: d i ngram@ t empl ecity.u s., mail t o: City ofTemple City, Attn :
Depart ment o f Parks and Recrea t i on, 970 1 La s Tunas Dr, Temp le City CA 91780 o r in person at
t he Live Oak Park An nex, 10144 Bogue St r eet, Temple City.
NOTE : The appella nt h as th e burden of proo f. In order f o r t he appe lla n t to preva il, h e/she
m ust show by cl ear and convi n ci ng evi d ence, th at Ci ty sta ff's d ecision to re m ove or not remove
a stre et tree is not auth o r ized by app licab le federal, state or loca l law, or is inconsistent wit h
the removal criteria pe r Section 3 459 of th e (TCMC) Temple Ci ty Municipal Code.
City o f Temple City-Department of Park~ and Recreation
101114 Bogue Stree t, Temple City CA 91780 (62 6) 285-217 1
NOTIC E OF APPEAL -TREE REMOVAL
For office use only
f-il e Numl>er ----------------· Filed: 1\ \.;!-.?\ l p
'
ProJect Location \b?, \ 2--. ';L>o..t ~ _____ _ By: ----=cll'~--
Pl ease TYPE or PRINT a ll i nform a ti on cle:1rly
APPWAN r NAML . 5 _(2\_ ~o..._ $ \ ~h
APPF.LLANr ADDREss: \b 3 _ _g_L--_Do. \v1c: J)c
(All torrespondence will be mailed to thi s add ress)
Phone: {? 2~_'} ~--r 2 ( )-L( Email:
THI: t: (S) LOCATION: _ __:_I ..:....0_:~:____!_\ . ..:....2-_..,.:!::\):::__0\.....:.. . .!...:\ 'f\.~~=_,;;,e::::.-----------
f>IC'asc sla t e speci f ic r eason(s) for the appeal (us e separa t e sheet if necessary)
L 6 V e_ .-::!) u--r .l-~r -""_ c_ ~ HEASON FOR A PP EA L: ___ ___:_ __ ......:_ ________ -__..:._ \_\.:._'-_-__ ....> _____ _
___ ~:no..ke . O<A.X h <::-~'&l-o r h_.,.,J
'a·~\h~J' --
1\PPELLAN r SIGNAT URE :
PrintNarne: sqy-q, s~.h ------------------
Oy signing th is N o tice of Appeal -Tree Hemova l Form, I hereby certi fy that I am a r esident or
property owner of the City of Templ e City. I furt her certify that I have r ead Sect io n 3459 of the
l CMC, induding t he appeal s process.
Plea ~e return this form by email to: dingram@templ ecity .us., ma il t o: Ci ty of Templ e City, Attn:
Department of Parks and Recreation, 970 1 Las Tunas Dr,.Temple City CA 91780 or in p e rson at
the Live Oak Park Ann ex, 10144 Bogue St reet, Temple City.
N OTE : T he appellan t h as the burden of proof. In order for the appellant to prevail, h e/she
must show by clear and convinc i ng evidence, th at City st a ff's decis ion to remove o r no t remove
a stree t tre e is n o t au thorized by app li cab le federa l, stat e or local law, or is inconsistent with
the rern ova l criter ia JJC r Section 31159 of the (T CMC) Temp le City Muni cipal Code.
Ci ty oflernpl e City -Dep artm ent of Parks and Re cr ea tion
10144 Bogue St r ee t , Te111pl e Ci ty CA 91780 (6 26) 285 -217 1
r or office use only
r ile Numb er ------------------ri le d: ____ _
Pr ojec t Location ----------------By: _____ _
··-···--·----·----··--·---·-··--. ·-·-········-·-···--·----·--· ---------
Pl ease TYPE or PR INT all in forma t ion clear l y
APPWANT NAME ' ..• -~--~ (, ; __ /b._Jj 4 J-· -,_---------
AP PEl LAN I ADDRCSS : Q--f'i b ~.. (J cLIA-6"-----------
(AII LOr r cspondence w ill b e mailed t o thi s addr ess)
Phone : r/ / ~ ---7/L-f-()~1-b /0 •
[ma il :
TREE {S) LOCA TION: __ /_0_'3_f _2. ___ 2J_A_;_J"'1..:... • .::::C .::::.J __ ;).:...,r...;..; ·_..c<...--_________ _
Pl ease st at e speci fic re aso n (s) for the ap p eal (u se separa t e sh eet if necessary)
RI:ASO N roR APPE AL: __ we £i~t/ld SP(V'C:-Ae-J
:::~~::: s iGNATUREkJ 1//,4 ~ ~~-~---~-~_,.Y:.._: ________ _
Uy sig ning th is Notice o f Appe al-Tree Re m ova l fo r m , I h er e by certify t ha t I am a res ident or
property owner of the City o f Templ e Ci ty. I furt her certi fy that I h ave read Sec tion 3459 o f the
lCMC, includtng the appeal s proces s.
Pl ease re t urn th is form by emai l to : d i ngr ilm @templecity .u s., mail t o: Ci ty of Templ e Ci ty, Attn :
Departm ent of Par ks and Rec re ation, 97 0 1 La s Tunas Dr, Te mp le City CA 91780 o r in person at
th e Live Oa k Park Ann ex, 10144 Bogue Stree t, Temple Ci ty.
N OTE: T h e appe ll ant h as t h e b u r d en o f proof. In o r der f o r the appellant to prevail, he /she
m u st show by cl ear and conv i nc ing evidence, th at City sta ff's d eci sion to remove or not remove
a str e et t ree is no t authori zed by appl i cable f ederal, state or loca l law, o r Is inconsis t en t with
the re moval cri teria pe r Sec tion 3459 of th e (TCMC) Templ e City Municipal Code.
DATE RECE IVED
City of Temple City -De p ar tmen t of Parks an d Hecrea t io n
10144 Bogue Stree t, Temple Ci ty CA 91780 (626) 285 -2 171
NOTICE OF APPEAL -TREE R~)VIQVAL , 'Di~1'~ Fi EGEl v· )
Fo r offi ce u se only
Fi le Numb er _______________ _
Proje c t Locat io n ---------------
Pl ease TYPE or PRINT a ll info rmation cl ea rly
APP ELLAN T NAME: tl!G.r4 fuf?ltL-ti i·LD I
APP EL LANT ADDREss: CQ 2s 2 rJ Go [;CJf:/'J
(All cor r espondence w i ll be mai led t o t hi s ad d r ess)
Ph one: Ema i l:
I:. I
110V · · 1 20!1>
Flied: ____ _
p~E CREATI O~'
By:
T REE(S) LOCATION: /0 3 12 DA !tJ £S J ~333 r;;tJCJ;v 17ft f)-(1(2
I
Please state specific rea son (s) tor th e appea l (u se se para t e she et if necessa ry)
By signing th is No t ice o f App eal-Tree Remova l Fo r m, I he r eby certify th at I am a res ident or.
prop e rty owner of the Ci t y of Tem p le Ci ty. I f u rthe r cer ti fy that I have read Section 3459 of the
TCM C, including the appea l s process.
Pl ease r eturn this for m by email t o: d ing r am @t e m p l eci t y.us., m ai l t o: City o f Te mpl e Ci t y, At tn:
Departm en t of Park s and Re cre ati on, 97 0 1 Las Tun as Dr, Temple City CA 91780 or in person at
the Live Oak Park Annex, 10144 Bogue Str ee t, Temple City.
NOTE : The appellant h as the burd en o f pr oof. In orde r for t he appellan t t o p reva il , he/she
m u st show by clea r and convincing evi d ence, th at Ci ty sta f f's decision t o re m ove o r not r em ove
a street tree is not a uth orize d by ap pl icable f ederal, state or l oca l law, or is i nconsis t en t w ith
the removal criteria pe r Sect ion 34 59 o f the (TCMC) Temple City Munici pa l Code.
Ci ty of Temple City -Department of Parks an d Recrea ti o n
10144 Bogu e St r ee t, Te mple Ci t y CA 9178 0 (626 ) 285-217 1
OF APPEAL--TREE RE}-J>{~~'Mf:t!r::1 v t:u
For o f fice us e only
Fi le Num b er -----------------
Pr oject Lo cati o n --------
Pl ease TYPE or PRINT all inform ati on clear l y
NOV · · 1 21HG
F II edp· A-9-h"-t"'o-n----==-PARKS & RE CR·-...... -Q~ L:·-Jf<:
13y: -!....:~=--+-+--
APPELLA NT NAM E: _1/ct'fh. \ e£\0. Vot V\ 'Bi b bf4'
APPELLANTADDREss: t.,/A ,'i.(k IV Gofdvu jd~gT ~
(All corresp o ndence will be m ailed t o th is addres s)
T 6
Phone : Email :
TREE(S) LOCAT I ON : /0:.3 12., ]Jp, liVES PR . I 0 353
I
EN C tN I fft --"-A.L.!:V_,_. __
Pl ea se st ate sp ecific reason(s) f or the appeal (use separate shee t i f necessary)
REA SON FOR APPEA L _j ~ -:dtu ~~ -~~flY t ~~"If ::to= JJL?Uj An. p-&u / 1Pi
ed1'h ,/ CJ ,/ .
APPE l lAN T::UR Eo .. ~/ ~ ~).
Print Name : ,t!a'±tt I Q..0f\ tkz It\ f5; /ob Gf-_
By sign i ng th is Notice of App eal -Tree Remo val Form, I h er eb y ce rtify that I am a res ident or.
property own er of th e City of Temp le Ci ty. I further ce rtify that I hav e read Se ct i on 3459 o f the
TCM C, ih cl ud ing the appeals process .
Pleas e return t his form by ema il t o : dingram@templ ec it y.us., mul l t o: City o f Temple City, At tn:
Departm ent of Par ks and Recre ati on, 9701 Las Tunas Dr , Temp le City CA 91780 or In p e rson· at
the Live Oa k Park An nex, 10144 Bo gue St r eet, Temp le City.
NOTE: The appellant h as t he b urd en of proof. In order for the appel l ant to preva il, he/she
must show by clear and co nvi ncing evidence, that City staff's decis ion to remove or no t remove
a street tree is not auth orized by applica ble f ed er al, sta te or local law, or Is incon sistent w ith
t h e remova l cr it eria per Sec t ion 3459 o f the (TCMC) Te m p le Ci ty Municipal Code.
City of Temple Ci ty -Dep ar t ment of Parks an d Recreation
10144 Bogue Stree t, Tem ple City CA 91780 (626 ) 285-2171
DATE HECE I VED
NO T IC E OF APPEAL -TREE REMOVAL
For o ffi ce use only
~:nv .. :J 1:u m cl)
Fi l e Numb er ________________ _
PARI<S & HECilEATION
Fi led: ____ _
Proje ct Location ----------------By: ____ _
Pl ease TYPE or PRINT oil informati on clear ly
APP ELLA N r NAME: JrcUj-_)J<;C-k.tt.:><L#!..r...u..-~<.U({)a..~"''-------------
APPELLAN r ADDRESS: 55()f l{gJ//M-tJ( ~ bko::tcl!ct, cd tfJOtJ7
(All co rrespondence w i ll be mailed to this address)
Phone · Emai l : ~Zie ,S1-S -fp 2-Cfj
TR EE (S) LOCAT I ON: /{)3/Z ']Jveu5 M.rrpfl ~-uJ_ __ _
Please st ate specific reason(s) for the appea l (use separate sheet if n ecessary)
REASON FOR APPEAL: ~t;...<(:i.,;.-lu..'iL;_'"".;.u~rk~~~'-L=.-'-------------
7/!'.L? /)IVVIdf.
By sign ing t his Notice of Appeal -Tree Remova l Form, I hereby ce r t ify t hat I am a residen t or
property owne r of the Ci t y of Temple City. I further cert ify that I have read Section 3459 of th e
TC M C, including the app ea l s process.
Please return this form by emai l t o: d i ngram@templecity.us., ma il t o: Ci ty o f Temple Ci t y, Attn:
Depart men t of Parks and Hecrea tion, 9701 Las Tuna s Dr, Te mple City CA 91780 or in pe rson at
the Li ve Oak Pa rk Ann ex, 10144 Bogue Street, Te m ple City.
NOTE: The appellant has the burden of p roof. In order for th e appellant to p r evail, he/s he
must show by clear an d convincing evide nce, that City sta ff's decisi o n t o remove o r not remove
a street t ree is not authorized by app li ca b le federal, st ate or loca l l aw, or is incons is tent with
th e removal cri t eria per Section 3459 of th e (TC M C) Temple City Municipa l Code.
ATTACHMENT B
TEMPLE CITY MUNICIPAL CODE
3-40-9: REMOVAL OF PUBLIC TREES
A. Criteria For Removal : The city va lu es trees as an important part of the environment and
shall striv e to preserve them whenever possible and feasible . Subject to provisions of this
article , the director o r his/her designee shall be responsible for inspect io n , maintenance,
removal and replacement of pub lic trees , and may cause public trees to be removed , or permit
the removal of a pub lic tree pursuant to a perm it , if they are deemed to be :
1. Dead ;
2. Dying , decayed or hazardous, or so weakened by age , disease , storm , fire , excavation ,
remova l of adjacent trees , or an y injury so as to cause im minent danger to pe rson s or property;
3. Structura lly unsound due to an abnormal and uncorrectable structu re or appearan ce due to
severe pruning or storm damage ;
4 . Diseased beyond reclamation , or the condit ion of wh ich is a source of present danger to
healthy trees in the vicinity , providing that an inspection and notice attesting to such fact has
been completed by a state licensed pest control advisor or arborist;
5 . Obstructing curb , gutter or sidewa lk repair , or in the way of a new curb , gutter or sidewalk
for which an exception to standard desig n is determined by the director to be in consistent with
established policies and standards for pub lic tree planting and maintenance ;
6. In dangerous pro xi mity to existi ng structures or interfering with e xi sting utilities ;
7. Caus ing excessive damage to curbs , gutters , sidewalks , or driveways ;
8. Obstructing proposed improvements so as to restrict e co nomic enjoymen t of the adjacent
property , includ ing the construction or sa fe use of a driveway or parking space for which a
perm it has been issued , unless such tree has been designated as an exceptional specimen
tree ;
9 . Crowded by other trees and good horticultural practices dictate removal of som e of them ;
10. Otherwise healthy , but the removal of which is considered des irab le because it is a proven
nuisance species and/or in order to a chi eve a p roper ly stag ed tree replacement schedule
which enables several generations of trees to e xi st simultaneously;
11 . Causing an a llergic react ion to a property owner whose property is adjacent to the pub li c
tree . Th e property owner must provide a certification from a physician licensed to practice in
Ca lifornia that the tree is causing the property owner to suffer allergic reactions . Exceptional
specimen trees may not be removed pursuan t to this subsect ion A 11 ;
12. Incom patible with the growing space or unsuitable for use in its present location ;
13. To facilitate hardscape repairs that cannot be completed without severe root pruning or
other action that would jeopardize the health and stability of the tree. (Ord . 15-1 007)
B. Removal Process: All public tree removals , whether by the city or by a private citizen
pursuant to a permit issued under section 3-40-10 of this article, s hal l adhere to the following
procedures:
1. Upon approval of the remova l of a public tree the city shall place a vi sible , nonremovable
marking upon the subject tree indicating the tree is scheduled for removal a m inimum of thirty
(30) days prior to its removal.
2 . A le tter of notification will be sent to the owner of any private property adjacent to where the
tree is scheduled to be removed at least thirty (30) days prior to the removal.
3. The city manager, acting through the director or his/her designee, may waive notification
requirements for a tree removal in either of the following circumstances:
a . When the city manager, acting through the d irector or his/her designee, determines that a
tree's cond iti on immediately threatens public health , safety or welfare ;
b . When local , state or federa l authorities ha v e declared a state of emergency and a tree's
condition threatens public health , safety or welfare .
4 . All tree removal shall include the removal of the stump and the removal of all stump grinding
chips and the backfilling of the hole created by stump removal with a good quali ty topsoil
suitable fo r the replanting of a rep lacement tree .
5 . All removed trees shall be replaced with a tree of the same species as removed , except
where the location of the removed tree is not a valid tree site or the removed species does not
conform to the recommended species for the location in the master tree list app roved by the
city.
6 . Trees that are touching or nearly touching utility lines shall be replaced with a recommended
species.
7 . All tree replanting shall be with a minimum fifteen (15) gallon container tree . For c ity
removals , the city will only plant a larger tree if a person agrees to pay the difference in cost of
a larger replacement tree size and any additional costs associated with the planting of a larger
tree . (Ord . 13-983)
ATTACHMENT C
Photographs of Holly Oak Tree at 10312 Daines Drive
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L ooking west
Looking east
Looking northeast
L
ATTACHMENT D
PARKS & RECREATION COMMISSION MINUTES
November 16 , 2016
Page 3
Commissioner Rosso moved to approve the request from Great
Enlightenment Lotus Society for reserved use of the Performing Arts
Pavilion and grass areas at Temple City Park for a Chinese New Year
Festival on Saturday, February 11 , 2017 from 7 a .m . -5 p.m ., seconded
by Commissioner Vance and unanimously carried by a voice call vote .
AYES:
NOES:
ABSENT :
ABSTAIN :
Commissioner-Rosso , Vance, Barold i, Georgina
Commissioner-None
Commissioner-Haddad
Commissioner-None
B. APPEAL OF STAFF DECIS ION TO REMOVE A HOLLY OAK TREE
LOCATED AT 10312 DAINES DRIVE
Parks and Recreation Manager Lawson presented the staff report .
The Commission discussed the hardscape damage and possible repairs to
the sidewalk .
Lead Tree Worker Cruse stated the tree has grafted itself to the sidewalk and
cutting the roots would further damage the tree . A Chinese Pistache would
be planted in p lace of the Holly Oak tree which would top off at full growth just
below the e lectrical wires . The sidewalk would be repaired .
Mark Enkelaar. Temple City Resident (Appellant) addressed the decision to
remove the tree citing the importance to keep mature trees and to possibly
include a cutout in the sidewa l k around the tree .
Director Burroughs replied that cut outs around trees are not allowed due to
ADA requirements .
Vice-Chairman Baroldi moved to deny the appeal and upho ld staff's decision
to remove the Ho ll y Oak tree located at 1 0312 Daines Drive , seconded by
Commissioner Rosso and unanimously carried by a voice call vote .
AYES :
NOES :
ABSENT:
ABSTAIN :
Commissioner-Rosso , Vance , Baroldi , Georgina
Commissioner-None
Commissioner -Haddad
Commissioner-None
C . APPEAL OF STAFF DECISION TO REMOVE A STONE PINE TREE
LOCATED AT 6333 ENCINITA AVENUE
Parks and Recreation Manager Lawson presented the staff report .